Two men are behind bars following a violent CBD brawl, sparked by a vendetta over a car debt.
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Jayden Lester, 23, and Mason Lyle Warren, 28, were sentenced in Dubbo Local Court last week for a violent attack the main street of Dubbo, which left a man unbalanced and incoherent on July 14 this year.
Court documents revealed the incident was sparked after the man had purchased a vehicle from a friend for $1200, but was later asked for another $800, which he didn't agree to pay.
Warren and another co-accused had contacted the man numerous times, demanding the outstanding money.
On July 14 this year, Lester, Warren and a third co-accused were driving in a silver Mitsubishi Outlander when they spotted the man owing money on the vehicle.
The man immediately recognised the car and began running away when it pulled into a parking spot on Macquarie Street.
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Lester and Warren got out of the car and began chasing after the man, who had turned off Macquarie Street, ran down Wingewarra Street and hid beside Jimmy's Kitchen restaurant.
However a few seconds later Lester spotted the man and ran up to him, followed by Warren and another co-accused.
The man managed to run past all three to the roundabout at Macquarie and Wingewarra Streets, when Lester grabbed onto him. After a short struggle Lester then tackled the man onto his back on top of the roundabout, punching him twelve times while holding him down.
According to police and captured on CCTV footage, Lester appeared "to be using all his strength to deliver each punch, displaying no hesitation or care toward the man or the injuries he would sustain from the series of assaults".
The third co-accused approached and straddled the man, punching him 13 times to his upper back region. During this Warren also began to punch the man six times to the face.
Affray is one of the most cowardly attacks that come before this court.
- Magistrate Gary Wilson
Police said it was apparent all three accused "act simultaneously in assaulting the man, inflicting their upmost amount of force into each punch laid on the victim".
Warren and the co-accused walked away while Lester continued punching the man in the face seven more times, before standing up and kicking the man in the head twice and stomping on the left side of his face.
The man attempted to stand up when the co-accused ran back over, and dragged him down to the ground, punching him in the back of the head four more times.
The man, who according to police appeared significantly weakened from the attack, attempted to push the third co-accused off when Warren approached and punched him to the top of the head once more.
Lester grabbed the man by his hair and mouth to pull him away from the co-accused, and punched him three more times to the head, before all three ran off, leaving the man on the roundabout.
A short time later, the man sat up and appeared "significantly disorientated". He attempted to stand up but fell onto his back. He eventually stood up and walked across the road, where he stood for a while before he was approached by a witness.
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According to court documents, the incident was captured on CCTV and viewed by police, who identified the men after recognising the silver Mitsubishi Outlander which was involved in a vehicle search the night before.
The next day police attended a home on Armstrong Crescent, and saw the Mitsubishi parked outside on the street. Warren and the third co-accused were arrested. Lester was arrested at the Westside Hotel six days later.
Court documents said as a result of the attack, the man sustained a number of injuries including swelling and bruising to his forehead, jaw and cheekbones, a black left eye, lacerations to the mouth, cheek and gum, a minor abrasion to the back of the skull, bruising and grazes to the knees.
In Dubbo Local Court last Wednesday, Lester pleaded guilty to affray and assault occasioning actual bodily harm in company, while Warren pleaded guilty to affray.
Lester's defence lawyer Corey Suckling said while it wasn't his client's first time before the court, he understood his actions were "beyond that of acceptable".
"It was frankly the wrong decision not to go to the police, when he took matters into his own hands," he said.
Mr Suckling admitted while his client had not displayed remorse for the victim, as described in the sentencing assessment report, it did show insight into his offending.
He said his client had spent time hanging out with "anti-social peers", and time in custody would have more of an impact on his prospects of rehabilitation.
Mr Suckling said the offending was in the mid-range, but conceded "the footage speaks for itself, it's not a light assault".
Warren's defence lawyer Jai Silkman said his client had a limited history of violence, and had less involvement in the attack than Lester.
"Clearly it's a serious offence, he understands and accepts that," Mr Silkman said.
Mr Silkman said Warren had a "rough childhood", however wanted to turn his life around.
"He describes to me most of his life he's felt lost," Mr Silkman said.
The court heard he had been diagnosed with depression, bipolar and schizophrenia, and while he wasn't on medication, he was "now in a better state to deal with his mental health".
The court heard Warren - who was supported by his employer in court - had two jobs, and was a father of four.
Mr Silkman said there was a real need for rehabilitation, and his client was interested in participating in intervention programs outlined by community corrections.
Both lawyers, asked a jail sentence be served in the community, by way of an intensive corrections order.
However Magistrate Gary Wilson said the man was fortunate not to sustain any long-lasting injuries or disabilities as a result of the attack.
"Affray is one of the most cowardly attacks that come before this court," he said.
He said it was difficult to differentiate the level of involvement by the two men, and said while Warren's involvement was "somewhat less" than Lester, he was "equally culpable".
Magistrate Wilson also said the sentencing assessment report was "somewhat disturbing" with both showing little or no remorse for what they did.
The court heard from the report Warren "struggled to see how the offending impacted the victim", and Lester had "no concerns whatsoever for the victim, and no concern about the injuries" he inflicted.
Magistrate Wilson convicted and sentenced Lester to one year and 10 months in jail, with a non-parole period of 15 months.
Warren was convicted and sentenced to 15 months in jail, with a non-parole period of 11 months.
An appeal has been lodged against the severity of the prison sentence handed to Warren. He was refused appeals bail, and a hearing will be held in the District Court on February 21.
The third co-accused will be sentenced in Mt Druitt Local Court on December 20.